Pence left dozens of record requests unfilled — most of them for his emails

Remember that Mike Pence private email controversy? The vice president left behind about two dozen unfilled public records requests — most of them for his emails — when he left office as Indiana governor.
Dwight Adams/IndyStar

Vice President-elect Mike Pence speaks to members of the media while meeting with House Speaker Paul Ryan of Wis., on Capitol Hill in Washington, Wednesday, Nov. 30, 2016.(Photo: Andrew Harnik/AP)

Moreover, those emails Pence has provided to the state were in paper form, making them difficult to search in response to public records requests.

"We don’t have all the responsive records," said Stephanie Wilson, a spokeswoman for Gov. Eric Holcomb, who succeeded Pence in January. "We’ve requested all state-related records digitally and they’ve indicated they would do that."

Marc Lotter, a spokesman for Pence, released a brief statement Friday: "Documents relating to Governor Pence's official service to Indiana are being preserved by the state in full compliance with the law."

Holcomb's office released the outstanding record requests Friday morning in response to inquiries from IndyStar and other media outlets.

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The requests seek emails on a variety of topics, including Indiana's controversial Religious Freedom Restoration Act, the HIV outbreak in Scott County and lead contamination in East Chicago.

Pence's emails became a subject of controversy when IndyStar disclosed in March that he had used a personal AOL account to conduct state business, sometimes discussing sensitive security issues. The issue drew comparisons to Democrat Hilary Clinton's use of a private email account and server while U.S. secretary of state.

Pence's office dismissed any comparison as "absurd."

Cyber-security experts said Pence's use of a personal account raised concerns about whether sensitive information was adequately protected from hackers, given that personal accounts like Pence's are typically less secure than government email accounts.

In fact, Pence's personal account was hacked last summer.

The personal account also garnered criticism from advocates for open government because personal emails aren't immediately captured on state servers that are searched in response to public records requests.

Attorneys for Pence turned over 13 boxes of emails to the state on the same day IndyStar's story broke.

Lotter said at the time additional emails from Pence's AOL account would also be provided to the state, pending a legal review by Pence's attorneys, but so far none have been.

The review is being handled by Barnes and Thornburg, an Indianapolis law firm led by one of Trump's top campaign fundraisers, Bob Grand.

Grand did not immediately return a message from IndyStar on Friday.

Indiana law requires public agencies to fulfill or reject record requests within a "reasonable time," but that phrase is not defined.

Indiana Public Access Counselor Luke Britt said Friday a number of factors, including the size of the request and the staffing level of the agency, determine what constitutes a reasonable time.

In a public records dispute last year, Britt found that the state's economic development agency had violated the state's public records act because it took more than six months to provide emails and other records related to Pence's decision to hire a public relations firm to repair the state's reputation after the RFRA firestorm.

"Simply put, a reasonable period of time has long since elapsed," Britt wrote in that case.

Gerry Lanosga, an Indiana University professor and past president of Indiana Coalition for Open Government, said the delays in releasing Pence's emails are troubling.

"That’s a big-time lag and that’s not a reasonable time for records requests to be fulfilled," he said. “I think it’s pretty clear that there is some foot-dragging going on here."

He said Pence's decision to provide some of his emails in paper form " just doesn’t make sense in the digital age."

"The former Pence administration needs to promptly supply those digital copies of the emails," he said.

Congressman Mike Pence, R-Ind., looks down as he speaks to the hundreds of people gathered on the south lawn of the Indiana Statehouse in Indianapolis on March 15, 2010, for the "Kill The Bill" rally opposing President Obama's plan for nationalized health care that could come up for a vote in the coming week. (Charlie Nye / The Star). Charlie Nye

Angie's List founder, Angie Hicks, was all smiles as Gov. Mike Pence talked about her as an Indiana success story at an expansion announcement Tuesday, Oct. 14, 2014. The Indianapolis-based company announced an expansion into the old Ford building on East Washington Street that would consolidate current employees and add 1,000 new jobs. The expansion did not happen. Mike Fender / IndyStar

Speaker of the House Brian Bosma, R-Indianapolis (left) applauds Indiana Gov. Mike Pence as they look out over the assembled state legislators following Pence's third State of the State address on Jan. 13, 2015. Charlie Nye/The Star

Indiana Gov. Mike Pence addresses media members about changes that he wants made to the recently signed Religious Freedom Restoration Act, Indianapolis, Tuesday, Mar. 31, 2015. Robert Scheer / The Star Robert Scheer / The Star

Gov. Mike Pence and Superintendent of Public Instruction Glenda Ritz lead the Indiana Education Roundtable meeting at the Indiana Government Center in Indianapolis on June 23, 2014. Anna Reed/The Star, Anna Reed/The Star

Indiana Gov. Mike Pence speaks during a news conference before attending Symphony on the Prairie for a Fourth of July concert in Fishers, Ind. Pence is one of several Republicans Trump is considering for his vice presidential running mate. Michael Conroy, AP

Gov. Mike Pence (left) and the Rev. Charles Harrison talk about violence at the intersection of 29th and Dr. Martin Luther King Jr. streets in Indianapolis on Monday, July 11, 2016. Jill Disis/IndyStar

Gov. Mike Pence speaks before the start of the annual Cops Cycling for Survivors' 13-day ride across Indiana. Riders gathered Monday, July 11, 2016, at the Indiana State Museum in Downtown Indianapolis. Pence and his wife, Karen, rode the first leg. Jenna Watson/IndyStar

Governor Mike Pence talks to the media about the putting a halt to the Syrian refugee program Tuesday, December 8, 2015, afternoon at Signature Flight Support at the Indianapolis Airport. Matt Kryger/The Star, Matt Kryger/The Star

Peter Recchio, co-founder of Tea-MAC, the Tea Party of Michiana Action Coalition, left, and Rick Barr, right, shake hands with Indiana Congressman Mike Pence after his speech at the Indianapolis Tea Party get-out-the-vote rally held in Hummel Park in Plainfield on Friday night, October 15, 2010. Charlie Nye / The Star. Charlie Nye

Mike Pence, Indiana Governor, hands out toy balls to spectators at the Circle City Classic parade, Indianapolis, Saturday, September 26, 2015. The event marks the annual Classic football game, this year pitting Central State University against Kentucky State University at Lucas Oil Stadium. Robert Scheer / The Star

Republican candidate for Indiana governor Congressman Mike Pence takes a shot at the basket as he shoots from a basketball floor marked with the IU satellite campuses around the state at Indiana Black Expo, Inc.'s Summer Celebration in the Indiana Convention Center on Saturday, July 21, 2012. Charlie Nye / The Star. Charlie Nye, Indianapolis Star

Governor Mike Pence, center, talks about authorizing the arming of soldiers at Indiana National Guard facilities and recruiting sites statewide, while speaking to the press at a press conference at the Indiana National Guard Joint Force Headquarters, Sunday, July 19, 2015. He is joined by Col. Timothy Thombleson, from left behind him, Col. Ronald Westfall, and Indiana Adjutant General Major General Corey Carr. Kelly Wilkinson

Indiana Governor Mike Pence chats with young entrepreneur Nathan Walsh, 7, during Lemonade Day at the Statehouse, Friday, May 30, 2014. Nathan told the governor he is good in math, and that some people say he could help with the budget. Kelly Wilkinson/The Star

Governor Mike Pence asks school children to join him in the popular last line of "Twas the NIght Before Christmas" which he read to them, "Merry Christmas to all, and to all a good night!" during the Statehouse Christmas tree decorating event at the Statehouse, Friday, December 13, 2013. Children also brought handmade ornaments to hang on the tree. Kelly Wilkinson/The Star